Halim Khan Vs. Renu Khanna and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1129558
CourtPunjab and Haryana High Court
Decided OnFeb-20-2014
AppellantHalim Khan
RespondentRenu Khanna and Others
Excerpt:
fao-2885-1999 1 in the high court of punjab and haryana at chandigarh fao-2885-1999 date of decision:20. 2.2014 halim khan ...appellant versus renu khanna and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.munish gupta, advocate for the appellant mr.pardeep goyal, advocate for respondent no.3 **** jitendra chauhan, j.1. the present appeal has been filed by the claimant- appellant, seeking enhancement of the compensation amount awarded by the learned motor accident claims tribunal, rupnagar (for short 'the tribunal'), vide award dated 26.5.1999, on account of the injuries suffered by him in a motor vehicular accident.2. learned counsel for the appellant contends that the appellant suffered multiple injuries. his both legs were fractured and he remained admitted in pgi, chandigarh for about 3/4 days. he suffered 40% disability. the appellant was employed in haryana home guard. the learned tribunal awarded rs.15,000/- as medical shanker gauri 2014.02.26 10:49 i attest to the accuracy and integrity of this document high court chandigarh fao-2885-1999 2 expenses and rs.40,000/- towards physical pain, mental agony and disability, which is inadequate.3. on the other hand, the learned counsel for the respondent- insurance company submits that the compensation awarded by the learned tribunal is just and adequate. therefore, the present appeal deserves to be dismissed.4. i have heard the learned counsel for the parties and perused the record carefully.5. it is not disputed that the appellant suffered multiple injuries. his both legs were fractured. he must have remained bed ridden for about six months. as per ex.a1, he suffered 42% disability. he must have suffered lot of pain due to the injuries. keeping in view the seat of injuries and the period for which he remained bed ridden, this court feels that the amount awarded under the heads physical pain and mental agony and the disability, is inadequate and therefore, another enhancement of rs.one lac in lump sum, would meet the ends of justice.6. accordingly, the enhanced amount i.e. rs.1,00,000/- shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. shanker gauri 2014.02.26 10:49 i attest to the accuracy and integrity of this document high court chandigarh fao-2885-1999 3 7. in view of the above, the present appeal is partly allowed and the impugned award is modified to the above extent. 20.2.2014 (jitendra chauhan) gsv judge shanker gauri 2014.02.26 10:49 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO-2885-1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2885-1999 Date of decision:

20. 2.2014 Halim Khan ...Appellant Versus Renu Khanna and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Munish Gupta, Advocate for the appellant Mr.Pardeep Goyal, Advocate for respondent No.3 **** Jitendra Chauhan, J.

1. The present appeal has been filed by the claimant- appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Rupnagar (for short 'the Tribunal'), vide award dated 26.5.1999, on account of the injuries suffered by him in a motor vehicular accident.

2. Learned counsel for the appellant contends that the appellant suffered multiple injuries. His both legs were fractured and he remained admitted in PGI, Chandigarh for about 3/4 days. He suffered 40% disability. The appellant was employed in Haryana Home Guard. The learned Tribunal awarded Rs.15,000/- as medical Shanker Gauri 2014.02.26 10:49 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2885-1999 2 expenses and Rs.40,000/- towards physical pain, mental agony and disability, which is inadequate.

3. On the other hand, the learned counsel for the respondent- Insurance Company submits that the compensation awarded by the learned Tribunal is just and adequate. Therefore, the present appeal deserves to be dismissed.

4. I have heard the learned counsel for the parties and perused the record carefully.

5. It is not disputed that the appellant suffered multiple injuries. His both legs were fractured. He must have remained bed ridden for about six months. As per Ex.A1, he suffered 42% disability. He must have suffered lot of pain due to the injuries. Keeping in view the seat of injuries and the period for which he remained bed ridden, this Court feels that the amount awarded under the heads physical pain and mental agony and the disability, is inadequate and therefore, another enhancement of Rs.One lac in lump sum, would meet the ends of justice.

6. Accordingly, the enhanced amount i.e. Rs.1,00,000/- shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. Shanker Gauri 2014.02.26 10:49 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2885-1999 3 7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. 20.2.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.02.26 10:49 I attest to the accuracy and integrity of this document High Court Chandigarh